UN Security Council Resolution 1874, North Korea

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Resolution

The UN Security Council passed this resolution regarding North Korea on June 12, 2009.

Resolution 1874 (2009)Adopted by the Security Council at its 6141st meeting, on 12 June 2009

The Security Council,Recalling its previous relevant resolutions, including resolution 825 (1993),resolution 1540 (2004), resolution 1695 (2006), and, in particular, resolution 1718(2006), as well as the statements of its President of 6 October 2006(S/PRST/2006/41) and 13 April 2009 (S/PRST/2009/7),

Reaffirming that proliferation of nuclear, chemical and biological weapons, aswell as their means of delivery, constitutes a threat to international peace andsecurity,

Expressing the gravest concern at the nuclear test conducted by the DemocraticPeople’s Republic of Korea (“the DPRK”) on 25 May 2009 (local time) in violationof resolution 1718 (2006), and at the challenge such a test constitutes to the Treatyon Non-Proliferation of Nuclear Weapons (“the NPT”) and to international effortsaimed at strengthening the global regime of non-proliferation of nuclear weaponstowards the 2010 NPT Review Conference, and the danger it poses to peace andstability in the region and beyond,

Stressing its collective support for the NPT and commitment to strengthen theTreaty in all its aspects, and global efforts towards nuclear non-proliferation andnuclear disarmament, and recalling that the DPRK cannot have the status of anuclear-weapon state in accordance with the NPT in any case,Deploring the DPRK’s announcement of withdrawal from the NPT and itspursuit of nuclear weapons,

Underlining once again the importance that the DPRK respond to othersecurity and humanitarian concerns of the international community,

Underlining also that measures imposed by this resolution are not intended tohave adverse humanitarian consequences for the civilian population of the DPRK,

Expressing its gravest concern that the nuclear test and missile activitiescarried out by the DPRK have further generated increased tension in the region andbeyond, and determining that there continues to exist a clear threat to internationalpeace and security,

Reaffirming the importance that all Member States uphold the purposes andprinciples of the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations, and takingmeasures under its Article 41,1. Condemns in the strongest terms the nuclear test conducted by the DPRKon 25 May 2009 (local time) in violation and flagrant disregard of its relevantresolutions, in particular resolutions 1695 (2006) and 1718 (2006), and thestatement of its President of 13 April 2009 (S/PRST/2009/7);

2. Demands that the DPRK not conduct any further nuclear test or anylaunch using ballistic missile technology;

3. Decides that the DPRK shall suspend all activities related to its ballisticmissile programme and in this context re-establish its pre-existing commitments to amoratorium on missile launches;

4. Demands that the DPRK immediately comply fully with its obligationsunder relevant Security Council resolutions, in particular resolution 1718 (2006);

5. Demands that the DPRK immediately retract its announcement ofwithdrawal from the NPT;

6. Demands further that the DPRK return at an early date to the NPT andInternational Atomic Energy Agency (IAEA) safeguards, bearing in mind the rightsand obligations of States Parties to the NPT, and underlines the need for all StatesParties to the NPT to continue to comply with their Treaty obligations;

7. Calls upon all Member States to implement their obligations pursuant toresolution 1718 (2006), including with respect to designations made by theCommittee established pursuant to resolution 1718 (2006) (“the Committee”)pursuant to the statement of its President of 13 April 2009 (S/PRST/2009/7);

8. Decides that the DPRK shall abandon all nuclear weapons and existingnuclear programs in a complete, verifiable and irreversible manner and immediatelycease all related activities, shall act strictly in accordance with the obligationsapplicable to parties under the NPT and the terms and conditions of the IAEASafeguards Agreement (IAEA INFCIRC/403) and shall provide the IAEAtransparency measures extending beyond these requirements, including such accessto individuals, documentation, equipment and facilities as may be required anddeemed necessary by the IAEA;

9. Decides that the measures in paragraph 8 (b) of resolution 1718 (2006)shall also apply to all arms and related materiel, as well as to financial transactions,technical training, advice, services or assistance related to the provision,manufacture, maintenance or use of such arms or materiel;

10. Decides that the measures in paragraph 8 (a) of resolution 1718 (2006)shall also apply to all arms and related materiel, as well as to financial transactions,technical training, advice, services or assistance related to the provision,manufacture, maintenance or use of such arms, except for small arms and lightweapons and their related materiel, and calls upon States to exercise vigilance overthe direct or indirect supply, sale or transfer to the DPRK of small arms or lightweapons, and further decides that States shall notify the Committee at least fivedays prior to selling, supplying or transferring small arms or light weapons to theDPRK;

11. Calls upon all States to inspect, in accordance with their nationalauthorities and legislation, and consistent with international law, all cargo to andfrom the DPRK, in their territory, including seaports and airports, if the Stateconcerned has information that provides reasonable grounds to believe the cargocontains items the supply, sale, transfer, or export of which is prohibited byparagraph 8 (a), 8 (b), or 8 (c) of resolution 1718 or by paragraph 9 or 10 of thisresolution, for the purpose of ensuring strict implementation of those provisions;

12. Calls upon all Member States to inspect vessels, with the consent of theflag State, on the high seas, if they have information that provides reasonablegrounds to believe that the cargo of such vessels contains items the supply, sale,transfer, or export of which is prohibited by paragraph 8 (a), 8 (b), or 8 (c) ofresolution 1718 (2006) or by paragraph 9 or 10 of this resolution, for the purpose ofensuring strict implementation of those provisions;

13. Calls upon all States to cooperate with inspections pursuant toparagraphs 11 and 12, and, if the flag State does not consent to inspection on thehigh seas, decides that the flag State shall direct the vessel to proceed to anappropriate and convenient port for the required inspection by the local authoritiespursuant to paragraph 11;

14. Decides to authorize all Member States to, and that all Member Statesshall, seize and dispose of items the supply, sale, transfer, or export of which isprohibited by paragraph 8 (a), 8 (b), or 8 (c) of resolution 1718 or by paragraph 9 or10 of this resolution that are identified in inspections pursuant to paragraph 11, 12,or 13 in a manner that is not inconsistent with their obligations under applicableSecurity Council resolutions, including resolution 1540 (2004), as well as anyobligations of parties to the NPT, the Convention on the Prohibition of theDevelopment, Production, Stockpiling and Use of Chemical Weapons and on TheirDestruction of 29 April 1997, and the Convention on the Prohibition of theDevelopment, Production and Stockpiling of Bacteriological (Biological) and ToxinWeapons and on Their Destruction of 10 April 1972, and decides further that allStates shall cooperate in such efforts;

15. Requires any Member State, when it undertakes an inspection pursuant toparagraph 11, 12, or 13, or seizes and disposes of cargo pursuant to paragraph 14, tosubmit promptly reports containing relevant details to the Committee on theinspection, seizure and disposal;

16. Requires any Member State, when it does not receive the cooperation ofa flag State pursuant to paragraph 12 or 13 to submit promptly to the Committee areport containing relevant details;

17. Decides that Member States shall prohibit the provision by their nationalsor from their territory of bunkering services, such as provision of fuel or supplies, orother servicing of vessels, to DPRK vessels if they have information that providesreasonable grounds to believe they are carrying items the supply, sale, transfer, orexport of which is prohibited by paragraph 8 (a), 8 (b), or 8 (c) of resolution 1718(2006) or by paragraph 9 or 10 of this resolution, unless provision of such servicesis necessary for humanitarian purposes or until such time as the cargo has beeninspected, and seized and disposed of if necessary, and underlines that thisparagraph is not intended to affect legal economic activities;

18. Calls upon Member States, in addition to implementing their obligationspursuant to paragraphs 8 (d) and (e) of resolution 1718 (2006), to prevent theprovision of financial services or the transfer to, through, or from their territory, orto or by their nationals or entities organized under their laws (including branchesabroad), or persons or financial institutions in their territory, of any financial orother assets or resources that could contribute to the DPRK’s nuclear-related,ballistic missile-related, or other weapons of mass destruction-related programs oractivities, including by freezing any financial or other assets or resources on theirterritories or that hereafter come within their territories, or that are subject to theirjurisdiction or that hereafter become subject to their jurisdiction, that are associatedwith such programs or activities and applying enhanced monitoring to prevent allsuch transactions in accordance with their national authorities and legislation;

19. Calls upon all Member States and international financial and credit

institutions not to enter into new commitments for grants, financial assistance, orconcessional loans to the DPRK, except for humanitarian and developmentalpurposes directly addressing the needs of the civilian population, or the promotionof denuclearization, and also calls upon States to exercise enhanced vigilance with aview to reducing current commitments;

20. Calls upon all Member States not to provide public financial support fortrade with the DPRK (including the granting of export credits, guarantees orinsurance to their nationals or entities involved in such trade) where such financialsupport could contribute to the DPRK’s nuclear-related or ballistic missile-related orother WMD-related programs or activities;

21. Emphasizes that all Member States should comply with the provisions ofparagraphs 8 (a) (iii) and 8 (d) of resolution 1718 (2006) without prejudice to theactivities of the diplomatic missions in the DPRK pursuant to the ViennaConvention on Diplomatic Relations;

22. Calls upon all Member States to report to the Security Council withinforty-five days of the adoption of this resolution and thereafter upon request by theCommittee on concrete measures they have taken in order to implement effectivelythe provisions of paragraph 8 of resolution 1718 (2006) as well as paragraphs 9 and10 of this resolution, as well as financial measures set out in paragraphs 18, 19 and20 of this resolution;

23. Decides that the measures set out at paragraphs 8 (a), 8 (b) and 8 (c) ofresolution 1718 (2006) shall also apply to the items listed in INFCIRC/254/Rev.9/Part 1aand INFCIRC/254/Rev.7/Part 2a;

24. Decides to adjust the measures imposed by paragraph 8 of resolution1718 (2006) and this resolution, including through the designation of entities,goods, and individuals, and directs the Committee to undertake its tasks to thiseffect and to report to the Security Council within thirty days of adoption of thisresolution, and further decides that, if the Committee has not acted, then theSecurity Council will complete action to adjust the measures within seven days ofreceiving that report;

25. Decides that the Committee shall intensify its efforts to promote the fullimplementation of resolution 1718 (2006), the statement of its President of 13 April2009 (S/PRST/2009/7) and this resolution, through a work programme coveringcompliance, investigations, outreach, dialogue, assistance and cooperation, to beS/RES/1874 (2009) submitted to the Council by 15 July 2009, and that it shall also receive and consider reports from Member States pursuant to paragraphs 10, 15, 16 and 22 of thisresolution;

26. Requests the Secretary-General to create for an initial period of one year,in consultation with the Committee, a group of up to seven experts (“Panel ofExperts”), acting under the direction of the Committee to carry out the followingtasks: (a) assist the Committee in carrying out its mandate as specified in resolution1718 (2006) and the functions specified in paragraph 25 of this resolution;(b) gather, examine and analyze information from States, relevant United Nationsbodies and other interested parties regarding the implementation of the measuresimposed in resolution 1718 (2006) and in this resolution, in particular incidents ofnon-compliance; (c) make recommendations on actions the Council, or theCommittee or Member States, may consider to improve implementation of themeasures imposed in resolution 1718 (2006) and in this resolution; and (d) providean interim report on its work to the Council no later than 90 days after adoption ofthis resolution, and a final report to the Council no later than 30 days prior totermination of its mandate with its findings and recommendations;

27. Urges all States, relevant United Nations bodies and other interestedparties, to cooperate fully with the Committee and the Panel of Experts, in particularby supplying any information at their disposal on the implementation of themeasures imposed by resolution 1718 (2006) and this resolution;

28. Calls upon all Member States to exercise vigilance and preventspecialized teaching or training of DPRK nationals within their territories or by theirnationals, of disciplines which could contribute to the DPRK’s proliferationsensitive nuclear activities and the development of nuclear weapon deliverysystems;

29. Calls upon the DPRK to join the Comprehensive Nuclear-Test-BanTreaty at the earliest date;

30. Supports peaceful dialogue, calls upon the DPRK to return immediatelyto the Six Party Talks without precondition, and urges all the participants tointensify their efforts on the full and expeditious implementation of the JointStatement issued on 19 September 2005 and the joint documents of 13 February2007 and 3 October 2007, by China, the DPRK, Japan, the Republic of Korea, theRussian Federation and the United States, with a view to achieving the verifiabledenuclearization of the Korean Peninsula and to maintain peace and stability on theKorean Peninsula and in north-east Asia;

31. Expresses its commitment to a peaceful, diplomatic and political solutionto the situation and welcomes efforts by Council members as well as other MemberStates to facilitate a peaceful and comprehensive solution through dialogue and torefrain from any actions that might aggravate tensions;

32. Affirms that it shall keep the DPRK’s actions under continuous reviewand that it shall be prepared to review the appropriateness of the measures containedin paragraph 8 of resolution 1718 (2006) and relevant paragraphs of this resolution,

including the strengthening, modification, suspension or lifting of the measures, as may be needed at that time in light of the DPRK’s compliance with relevant provisions of resolution 1718 (2006) and this resolution;

33. Underlines that further decisions will be required, should additionalmeasures be necessary;

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